Receive and examine all applications for zoning permits.

Review zoning permit applications for compliance with the provisions of this chapter, all other applicable ordinances and with all federal, state, county, and local laws and regulations which are relevant to the subject property.

Process zoning permit applications for all permitted uses and issue permits only where there is compliance with the provisions of this chapter, with other Borough ordinances, and with the laws and regulations of the county, commonwealth and federal governments. Permits for uses requiring a special exception or variance shall be issued only upon order of the Zoning Hearing Board and provided that the applicant meets all other requirements of this chapter. Permits requiring approval by the Borough Council shall be issued only after receipt of approval from the Borough Council and provided that the applicant meets all other requirements of this chapter.

Receive applications for conditional uses, curative amendments and zoning changes, and forward them to the Borough Council, the Planning Commission, or other appropriate bodies.

Receive applications for special exceptions and variances and forward these applications to the Zoning Hearing Board for action thereon.

Following the refusal of a permit, to receive applications for interpretation, appeals, and variances and forward these applications to the Zoning Hearing Board for action thereon.

Conduct investigations to determine compliance or noncompliance with the terms of this chapter. The Zoning Officer or his/her representative may enter any Borough property, provided that the property owner receives prior notification.

Enforce the provisions of this chapter by the issuance of enforcement notices or by other means. Such written orders shall be served personally or by registered mail upon the persons, firms, or corporations deemed by the Zoning Officer to be violating the terms of this chapter.

Institute civil enforcement proceedings as a means of enforcement when acting with the approval or direction of the Borough Council.

Maintain a map or maps showing the current zoning classifications of all land in the Borough.

Keep a permanent record of all plans and applications for permits and all permits issued with notations as to special conditions attached thereto.

Revoke any order or zoning permit issued under mistake of fact or contrary to the law or the provisions of this chapter.

Enlist the assistance of other municipal agents and agencies in performing these responsibilities.

Present relevant facts, records, and similar information to the Planning Commission, Zoning Hearing Board, or Borough Council upon request.

The Zoning Officer is hereby authorized and directed, in the name of the Borough, to enforce the provisions of this section and to institute civil enforcement proceedings as provided in this chapter when acting within the scope of his or her employment as set forth in § 275-68.

If it appears that a violation of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice as provided herein. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, to any other person requested in writing by the owner of record, and to any other person against whom the Borough intends to take action.

An enforcement notice shall state at least the following:

Requirement for a zoning permit. No use shall be established or changed, no structure shall be erected, constructed, reconstructed, altered, razed or removed, and no building or property used or occupied, changed in use, or changed in occupancy or tenant, until a zoning permit has been secured from the Zoning Officer. In addition, a zoning permit shall be required prior to any of the following:

Application requirements. All applications for zoning permits shall be made to the Zoning Officer in writing on forms furnished by the Borough and shall include all information necessary to enable the Zoning Officer to ascertain compliance with this chapter. Whenever the use involves a new building or structure or alterations to an existing building or structure, an application for a zoning permit shall be made prior to application for a building permit. When no construction is involved, application for a zoning permit and a certificate of occupancy, pursuant to the Pennsylvania Uniform Construction Code, as amended, may be made simultaneously at any time prior to the use or occupancy of the land, building, or structure.

Permit issuance. No zoning permit shall be issued until the Zoning Officer has determined that the proposed use of land, the proposed tenant or occupant, or the existing or proposed building or structure complies with the provisions of the applicable zoning district and other provisions of this chapter. The issuance of a zoning permit does not permit occupancy of a building or structure. A certificate of occupancy is also required pursuant to the Pennsylvania Uniform Construction Code, as amended. In case of refusal by the Zoning Officer to issue a permit, the applicant shall be advised in writing of the reasons for denial and of his or her rights of appeal to the Zoning Hearing Board.

Application fees. All applicants shall pay to the Borough at the time of application a fee in the amount established in the Fee Schedule adopted by resolution of the Borough Council. In the event an application requires a request to the Borough Council for consideration of a conditional use or to the Zoning Hearing Board for consideration of a special exception, variance, or appeal of a decision of the Zoning Officer, each applicant shall pay to the Zoning Officer the appropriate application fee in the amount established in the Fee Schedule.[2]

Requirement for a certificate of occupancy. It shall be unlawful for any person to occupy any building, structure or land, or portion thereof, under any of the conditions listed below, until the Borough Code Official, pursuant to the Pennsylvania Uniform Construction Code, as amended, and the New Hope Borough Property Maintenance Code, as applicable, has issued a certificate of occupancy. A certificate of occupancy shall be required for any of the following:

Application requirements. All applications for certificates of occupancy shall be made to the Borough Code Official in writing on forms furnished by the Borough and shall include all information necessary to enable the Code Official to ascertain compliance with the Pennsylvania Uniform Construction Code, as amended. A separate zoning permit shall also be required as stipulated in § 275-71 of this chapter. The zoning permit and certificate of occupancy may be combined for the administrative convenience of the Borough as a certificate of use and occupancy.

Certificate issuance. No land, building, structure, or facility, or portion thereof, shall be occupied until the Building Code Official has determined the following:

Certificate fees. All applicants shall pay to the Borough at the time of application a fee in the amount established in the Fee Schedule[1] adopted by resolution of the Borough Council. No certificate shall be issued until payment of the required fee.

Issuance of temporary certificates of occupancy. A temporary certificate of occupancy may be granted prior to the completion of construction for a period not to exceed 90 days, provided that all structural work is completed, all permits relating to sewage and water have been obtained and filed with the Borough, a zoning permit has been issued, and all permit fees have been paid, and provided further that the person seeking the temporary certificate posts with the Borough, pursuant to an escrow agreement in a form satisfactory to the Borough Solicitor, sufficient funds to complete the construction and all required improvements, construction, grading, etc. The Borough Code Official and the Zoning Officer must approve all temporary certificates.

Requirement for a use registration permit. A use registration permit shall be required prior to the sale of any property in the Borough in accordance with the provisions of 21 P.S. §§ 611 through 615, and Borough Ordinance No. 2005-04,[1] as amended.

Use registration permit fees. All applicants shall pay to the Borough at the time of application a fee in the amount established in the Fee Schedule[2] adopted by resolution of the Borough Council. No use registration permit shall be issued until payment of the required fee.